Genentech, Inc. et al v. Sandoz Inc.

Filing 174

ORDER VACATING CLAIM CONSTRUCTION ORDER. Signed by Judge JEFFREY S. WHITE on 1/3/14. (jjoS, COURT STAFF) (Filed on 1/3/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRACISCO DIVISION

11 GENENTECH, INC. and
ROCHE PALO ALTO, LLC,

Case No. 3:11-cv-01925-JSW (LB)
Related Case NO.3: ll-cv-0241O-JSW

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Plaintiffs and Counterclaim Defendants,
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(PROPOSED) ORDER VACATING CLAIM
CONSTRUCTION ORDER

v.

Ctrm: 11, 19th Floor

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SANDOZ, INC.

Judge: Honorable Jeffrey S. White

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Defendant and Counterclaim Plaintiff.
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(PROPOSED) ORDER VACATING CLAIM CONSTRUCTION ORDER
CASE NO. 3:11-CV-01925-JSW (LB)

1 Pursuant to a stipulation entered into between Plaintiffs Genentech, Inc. and Roche Palo Alto

2 LLC (collectively "Plaintiffs") and Defendant Sandoz Inc. ("Defendant") and for good cause shown
Teamsters,

3 under the equitable factors identified in Ringsby Truck Lines, Inc. v. Western Conference of

4 686 F.2d 720 (9th Cir. 1982), including '''the consequences and attendant hardships of dismissal or
5 refusal to dismiss' and 'the competing values of

finality of

judgment and right to relitigation of

6 unreviewed disputes,'" id. at 722, it is hereby

7 ORDERED, that good cause exists for vacatur ofthe Claim Construction Order (ECF No. 86) in
8 light of

the Ringsby factors; it is further

exclusively as it relates to case no. 11-1925 JSW
9 ORDERED, that the Claim Construction Order (ECF No. 86) in this action is hereby VACATED;
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10 and it is further
11 ORDERED, that all future dates entered in this action are hereby vacated.
January 2014.
3rd
12 DONE and ORDERED in Chambers this _ day of
December 2013.
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HON. JEFFREY S. WHITE
UNITED STATES DISTRICT JUGE

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(PROPOSED) ORDER VACATING CLAIM CONSTRUCTION ORDER
CASE NO. 3:11-CV-01925-JSW (LB)